Linda S. Adams

Secretary for

Environmental Protection

The energy challenge facing California is real. Ev ery Californian needs to take immediate action to r educe energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov

. California Environmental Protection Agency

Printed on Recycled Paper 

# Air Resources Board

Robert F. Sawyer, Ph.D., Chair

1001 I Street • P.O. Box 2815 Sacramento, California 95812 • www.arb.ca.gov Arnold Schwarzenegger
Governor

January 29, 2007

Honorable Stephen L. Johnson, Administrator U.S. EPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W.

Mail Code: 1101A Washington, DC 20460

Re: Adoption of Regulation for Mobile Cargo Handlin g Equipment at Ports and Intermodal Rail Yards; Request for Confirmation tha t Certain Requirements Be Treated as if They Fall Within the Scope of Previou sly Granted Waivers and Authorizations under Clean Air Act Sections 209(b) and 209(e)(2), and Request for New Authorization for Other Requirements Applic able to Nonroad Engines

Dear Administrator Johnson:

At a public hearing on December 8, 2005, the Califo rnia Air Resources Board (ARB) by Resolution 05-62 (appended to the enclosed Waiver a nd Authorization Request Support Document), approved the adoption of a regulation es tablishing fleet requirements for mobile cargo handling equipment at ports and interm odal rail yards. I am writing to request that the Administrator of the U.S. Environm ental Protection Agency (U.S. EPA) confirm that certain requirements be treated as if they fall within the scope of previously granted waivers and authorizations under Clean Air Act (CAA) section 209(b) and 209(e)(2), and grant a new authorization pursuant t o CAA section 209(e)(2) to adopt and enforce other requirements of the regulation ap plicable to nonroad engines.

A Waiver and Authorization Request Support Document setting forth California’s basis for requesting the waiver and authorization actions is attached for your review. It sets forth a summary of the regulation, a review of the criteria governing U.S. EPA’s

evaluation of California waiver and authorization r equests, and an explanation why the CAA requires the Administrator to grant California’ s requests. I also enclose a CD-ROM that contains copies of this letter, the Waiver and Authorization Request Support Document, and the rulemaking documents listed at th e end of that document.Honorable Stephen L. Johnson, Administrator

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Your expeditious processing of this request will be appreciated. If you need additional information on this item, please call me at (916) 4 45-4383. If you have technical questions, please have your staff contact Dan Donoh oue, Chief, Emissions Assessment Branch, at (916) 322-6023. Legal questions may be directed to Michael L. Terris, ARB’s Office of Legal Affairs, at (916) 445-9815.

Sincerely,

Catherine Witherspoon

Executive Officer

Enclosure

Attachments

cc: Mr. David J. Dickinson, Attorney/Advisor (w/enc l., w/attchs.) United States Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W.

Mail Code 6405J Washington, DC 20460

Mr. Dan Donohoue, Chief (w/encl, w/o attchs.)

Emissions Assessment Branch Stationary Source Division

Mr. Michael L. Terris, (w/encl., w/attchs.) Office of Legal AffairsHonorable Stephen L. Johnson, Administrator

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bcc: Tom Jennings, Chief Counsel Legal Chron (w/encl., w/o attchs.)

Waiver File